Judge Leticia Astacio goes to jail

Judge Stephen Aronson grew visibly furious with Leticia Astacio and gave her an ultimatum that was good for one day. She declined the option and was jailed without bail until a Thursday hearing.
Pool video

The embattled judge was taken into custody around 12:15 p.m. Monday at the conclusion of a court appearance in which she rejected an offer from the judge overseeing her drunken driving case.

The deal, posed by Judge Stephen Aronson, would have seen Astacio plead guilty to violating her sentence in exchange for spending 45 days in jail, two years on probation and six months wearing an ankle monitor.

Astacio declined the offer and was ordered by Aronson to be held in Monroe County Jail without bail until a hearing scheduled for Thursday at 1:30 p.m.

It was an eventful day for Astacio that began with a courthouse meeting with her supervising judge at 9 a.m., followed by her arrest and processing at Rochester Police Department headquarters, and then a return to court where she got a tongue-lashing from Aronson before being taken to jail.

The intricacies of Astacio's case are so convoluted that it is nearly impossible for the casual observer to keep track of the saga without starting at the beginning.

Astacio was convicted of drunken driving in August 2016 and was sentenced to what is known as a one-year conditional discharge, meaning she was free to go about her life provided she followed certain conditions.

Those conditions included refraining from consuming alcohol, submitting to any court-mandated tests for alcohol and outfitting her car with an ignition interlock device.

She has since been accused of violating those conditions multiple times, but was only found guilty of one. That finding, last fall, resulted in her sentence being extended until February 2018.

Astacio was summoned to appear in court again last week to address the whereabouts of a urine test Aronson had ordered her to take weeks earlier to determine whether she had alcohol in her system.

Judge to Astacio: "You are self-sabotaging any chance you have to return to the bench."

Aronson had ordered the test after her interlock device registered a blood-alcohol-content reading. It remains unclear whether it was Astacio who blew into the device for that reading.

When Astacio failed to appear in court and, thus, to explain why she never took the test he had ordered, Aronson issued a bench warrant for her arrest and charged her with a violation of her sentence.

Astacio's lawyer, Ed Fiandach, had told the court at the time that his client was in Thailand and had no plans to return until August.

Her plans evidently changed after the bench warrant was issued and the state's chief administrative judge directed Astacio to meet with her supervising judge, state Supreme Court Judge Craig Doran, on Monday.

NEWSLETTERS

Get the ROC60 newsletter delivered to your inbox

We're sorry, but something went wrong

Rochester in 60 seconds: Get all the news you need to know in less than a minute.

Astacio returned to Rochester over the weekend and arrived at the courthouse Monday for her meeting with Doran in his chambers.

After the meeting, police officers who had executed the warrant for her arrest marched a smiling Astacio in handcuffs, with a dour Fiandach beside her, to police headquarters.

She returned to the courthouse around 11:30 a.m. for her court date with Aronson, who grew visibly furious with her and gave her an ultimatum that was good for one day.

Her choice was to plead guilty to her violation and serve 45 days in jail and two years of probation, and wear an ankle monitoring device for six months, or plead not guilty and take her chances at what might transpire at a future hearing.

After briefly consulting with her lawyer, Astacio declined and Aronson ordered her held without bail until her hearing, which he scheduled for Thursday.

Prior to offering the deal, Aronson angrily accused Astacio of willfully shrugging off the law she was sworn as a judge to uphold and betraying the public trust.

"Your attitude is coming off to be as being contemptuous," Aronson said, adding later, "You are doing everything to show you don't care what happens to your public trust. That's the way it looks to me."

He went one step further: "You are self-sabotaging any chance you have to return to the bench," he said. "To me, your actions are showing almost an air of arrogance."

Posted!

Judge Leticia Astacio and her sister laugh at something said in the conversation she was having with one of her attorneys, Neil Gunther. There was a delay in court proceedings due to misunderstanding of the time of AstacioÕs arraingnment by an attorney representing the Monroe County District AttorneyÕs Office. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Judge William Kocher looks at the signed grand jury report that the attorneys thought at first wasn't signed. The report came later than their initial copies. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Judge William Kocher listens as attorneys Barry Porsch, Mark Foti and Neil Gunther, talk about allowing Foti to review the grand jury minutes. Porsch, who is acting prosecutor for the Monroe County District AttorneyÕs Office, is going to allow Foti and Gunther to review them. Porsch is the district attorney for Seneca County. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Judge Leticia Astacio listens as her attorney Mark Foti talks to her quietly about being allowed to review grand jury minutes. Astacio can not be present during the review. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Mark Foti, attorney for Judge Leticia Astacio, receives a document from Seneca County District Attorney Barry Porsch, who is acting as a prosecutor for the Monroe County District Attorney’s office. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday, Nov. 9. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio checks her phone at the moment Judge Stephen Aronson orders her taken into custody and held without bail during a probation violation hearing. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio is released from jail following a hearing at the the Hall of Justice in downtown Rochester Friday, Nov. 3, 2017. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio is released from jail following a hearing at the the Hall of Justice in downtown Rochester Friday, Nov. 3, 2017. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, seated with her lawyer, Gregory Salmon, reacts as Ontario County Judge Stephen Aronson orders her held without bail, during a hearing on breaking her probation Monday at the Hall of Justice in Rochester. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, her lawyer Gregory Salmon at left, is taken into custody and held without bail, during a hearing on breaking her probation Monday at the Hall of Justice in Rochester. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, her lawyer Gregory Salmon at right, is taken into custody and held without bail, during a hearing on breaking her probation. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, left, listens as her lawyer Gregory Salmon argues for release after being ordered to be held without bail, during a hearing on breaking her probation. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Judge Stephen Aronson orders Rochester City Court Judge Leticia Astacio be taken into custody and held without bail, during a hearing on breaking her probation. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio collapses into her chair as she reacts to her daughter's outburst Thursday at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio stands Thursday and cries out at her daughter's outburst at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. At right is her defense attorney Bridget Field. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio stands Thursday and cries out after her daughter's outburst at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. At right is her defense attorney Bridget Field. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio is taken from court after her receiving a 60-day sentence for violating the terms of her 2016 drunk driving conviction Thursday, July 6, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio is taken from court after her receiving a 60-day sentence for violating the terms of her 2016 drunk driving conviction Thursday, July 6, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio reacts to her daughter's outburst Thursday at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. At right is her defense attorney Bridget Field. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio cries out as shereacts to her daughter's outburst Thursday at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, center, talks with her attorney, Edward Fiandach, during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, left, with her attorney, Edward Fiandach, listen as Judge Stephen Aronson finds her guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated center, with her attorney, Edward Fiandach, seated right, calls out to her supporters in the gallery who were yelling "Racist!" after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated center, with her attorney, Edward Fiandach, seated right, calls out to her supporters in the gallery who were yelling "Racist!" after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, center, with her attorney, Edward Fiandach, seated right, calls out to her supporters in the gallery who were yelling "Racist!" after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated center, with her attorney, Edward Fiandach, seated right, listen as she is found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, center, is taken back to jail after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated right, listens as her attorney, Edward Fiandach, right, argues for her release from jail during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Judge William Kocher holds up a court document and tells them that the court matter should proceed as a procedure on whether she was being held lawfully and not as a bail hearing. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Judge Leticia Astacio and her attorney, Edward Fiandach listen as the judge talks about events that were discussed and occurred overnight in regards to who Astacio’s case. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Judge Leticia Astacio is held without bail on June 5, 2017, until her next court appearance. Astacio walks with deputies back to be taken to jail after her arraignment. TINA MACINTYRE-YEE, @tyee23/staff photographer

Judge Stephen Aronson addresses Judge Leticia Astacio about her missing her last court appearance and not turning herself in after a bench warrant was issued. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Judge Leticia Astacio heads into the Monroe County Sheriff’s Office to get processed after being arrested on a bench warrant. She was arraigned approximately an hour later. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Leticia Astacio speaks with her attorney, Edward Fiandach, before her hearing where Judge Stephen Aronson ruled Monday that she did not violate her post-release conditions imposed after her drunken driving conviction last year. MAX SCHULTE, @maxrocphoto/staff phototgrpaher

Judge Leticia Astacio is surrounded by media as she leaves City Court after another appearance for violating her post-conviction conditions. She is scheduled back in court on March 3rd. Jamie Germano/@jgermano1/Staff Photographer

Judge Leticia Astacio and her daughter are pictured blowing into the interlock device at 11:50 a.m. and 11:34 a.m., respectively, on Jan. 12, 2017. A minute after Astacio blew into the device, at 11:51 a.m., the device recognized a problem and read, "Abort - Fuel Cell Offset." Photo provided

Judge Leticia Astacio is surrounded by media as she leaves City Court after another appearance for allegedly violating her post-conviction conditions. She is scheduled back in court on March 3. Jamie Germano/@jgermano1/Staff Photographer

Judge Leticia Astacio is surrounded by media as she leaves City Court after another appearance for allegedly violating her post-conviction conditions. She is scheduled back in court on March 3. Jamie Germano/@jgermano1/Staff Photographer

Rochester City Court Judge Leticia D. Astacio in August enters court with her attorney Ed Fiandach to find out the verdict in her bench trial in August. She was found guilty of driving while intoxicated. TINA MACINTYRE-YEE/@tyee23/File photo

Photographs and video of a smiling Astacio in handcuffs drew derision on social media and sent reverberations throughout the courthouse. Even seasoned court deputies said they had never seen anything like it.

Astacio smiled and greeted the gaggle of reporters waiting for her in the fifth floor elevator bank of the courthouse with a playful, "Hi," before being taken away for processing.

Asked about her demeanor, Fiandach speculated that her smile was a nervous reaction.

"We're all different. We all deal with stress in various ways," Fiandach said. "I just wonder whether or not it's just a nervous reaction to stress.

"And I think that, quite frankly, the community is reading probably a little too much into her demeanor at times like this because it may just be the way she responds to stress," he continued. "In no way do I think she's snubbing her nose at the community or the powers that be."

It was not immediately clear why Astacio was not taken into custody upon her return to the United States over the weekend from a trip to Thailand.

It could be that her warrant was not entered into a national crime database used by customs officials because her offense — failure to appear in court — was not considered severe enough.

Doran, her supervising officer, stripped Astacio of her cases prior to her conviction and subsequently barred her from non-public areas of the courthouse last fall after she pleaded guilty to violating her sentence for the first and only time.

His meeting with Astacio Monday morning was to give her what he described as "further administrative instruction." Astacio was informed Monday by her supervisors, Doran and City Court Judge Teresa Johnson, that she will be required to conduct research in the courthouse law library Monday through Friday, whenever court is in session.

The most irksome element of the saga for most observers is that Astacio has received her state-mandated salary of $173,700 and benefits throughout her ordeal, despite not performing any judicial duties.

Many critics ask why she continues to get paid. The answer was perhaps put most simply by Aronson in court Monday, when he admonished Astacio for her behavior.